K.Surendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16813 of 2017 K.SURENDRAN ... PETITIONER/A1 Vs THE STATE BY, THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT, CR NO.358/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.ANANDAN Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused no.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 3(1), 3(2)(a), 4(1), 4(2)(c) and 5(1) (a) of Immoral Traffic (prevention) Act, 1956, in Crime No.358 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner / A1 has entered into a lease agreement with the owner of the property and after lease, he is running a hotel by name Phinoji Residency at Naidupuram, Pachamarathodai Road, Kodaikanal. The petitioner and A2, who is the Manager of the said hotel, have been indulged illegal activities in the said hotel. Therefore, on complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner is only a lessee of said hotel and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) appearing for the respondent on instructions submitted that the earlier petition filed by the petitioner was dismissed by this Court on 06.10.2017 in https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD).No.13572 of 2017 and this is the second anticipatory bail petition. He would further submit that after dismissal of the earlier petition, there is no change of circumstances and hence, granting anticipatory bail would not arise.

5. In the absence of change of circumstances, after dismissal of earlier petition filed by the petitioner in Crl.O.P(MD).No.13572 of 2017, dated 06.10.2017, I do not find any reason to grant anticipatory bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed.

sd/- 07/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KODAIKANAL POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.16813 of 2017 Date :07/12/2017 SH/RR/SAR-1/14.12.2017 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/